The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

In somewhat of a surprise, recently the NLRB affirmed an Administrative Law Judge’s decision, which had rejected the NLRB General Counsel’s challenge to a portion of an employer’s social media policy as unlawful. The...more

Naturally, all employers would like to prevent their employees from engaging in activities that are in conflict with the employers’ interest. However, there is a great deal of potentially conflicting employee activity that is...more

Over the past few years, many employers have found out—the hard way—that the National Labor Relations Board is serious in policing employee handbooks for provisions that the Board believes are “overly broad” under Section 7...more

Creation of sound and legally compliant employee handbook policies has been something of a moving target in recent years because of the National Labor Relations Board’s (NLRB) continual review and interpretation of employee...more

In a controversial decision, the NLRB found that a conflict-of-interest policy in an employee handbook is unlawful on its face. This ruling could deem many current conflict-of-interest policies unenforceable, creating harsh...more

The NLRB has recently been active in analyzing whether employee handbooks violate Section 7 of the National Labor Relations Act (the “Act”). In light of this, it is advisable for employers to try to imagine their handbook...more

This post is the fifth in a series providing guidance on federal rules regarding permissible and impermissible employer handbook policies and rules. See Guidance Regarding Confidentiality Rules Here, Employee Conduct Rules,...more

As you have likely seen by now, on March 18, 2015, the National Labor Relations Board Office of the General Counsel ("GC") issued an extensive memorandum offering guidance on employer rules and handbooks. This memorandum...more

The NLRB continued its assault on employee handbooks and policies, as an administrative law judge recently found several provisions in the Macy’s handbook, including the confidential information policy, to be unlawful, as...more

Here’s something that often comes as a surprise to my clients with a non-union employee base: the NLRA (National Labor Relations Act) likely applies even without any union employees.
Yep – you read that...more

All employers should review their confidentiality policies and agreements to ensure adequate protections for whistleblowers in the wake of recent actions by both the Securities and Exchange Commission (“SEC”) and the National...more

The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more

For the last several years, the National Labor Relations Board (NLRB or the "Board") has engaged in a well-publicized expansion of scrutiny for employer work rules and has liberally identified those rules that it believes...more

This post is the fourth in a series providing guidance on federal rules regarding permissible and impermissible employer handbook policies and rules. See Guidance Regarding Confidentiality Rules, and regarding Employee...more

In Boch Imports, Inc., the National Labor Relations Board (NLRB) found that the employer, a car dealership, violated the National Labor Relations Act because the dealership’s social media and dress code policies were...more

The new rules substantially limit the time between the filing of a petition and the election; substantially increase the burden on the employer to provide information and substantially shorten the time an employer has in...more

Last month, I had the opportunity to speak to the American Law Institute for a CLE program on the latest guidance from the NLRB on various employee handbook policies.
When I first wrote about it in March, I had...more

Many employers erroneously believe that the National Labor Relations Act only applies to employers with union contracts. In recent years, the National Labor Relations Board seems to have had a public relations campaign to...more

The National Labor Relations Act (NLRA) restricts all employers from issuing policies or rules – even if well-intentioned – that inhibit employees from engaging in activities protected by the act, such as discussing wages,...more

Employers, attorneys, and human resource managers are bewildered at the National Labor Relations Board’s (“NLRB”) recent memo issued March 18, 2015. For better or worse (and most employers would say worse), the NLRB’s...more

Employers now have a set of guidelines to keep their employee handbook policies from violating federal labor law. The National Labor Relations Board (NLRB) recently issued a comprehensive set of rules outlining what types of...more

On March 18, the National Labor Relations Board's Office of the General Counsel (OGC) published a Report Concerning Employer Rules that discusses a variety of employee handbook rules addressed by the board in recent cases....more

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